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Migrating from Income Support to ESA

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10 years 7 months ago - 10 years 7 months ago #110557 by Howie666
Migrating from Income Support to ESA was created by Howie666
I have been on Income Support with an illness premium for several years. I have this week received a letter with an ESA form ESA50 01/13 saying I will be 'converted' to ESA. The last time I was put through this excruciating process I was obliged to attend an 'examination' following my submission of my form.
I suffer from a mental illness, or rather several as I understand it and one of the worst things about this process is having to attend for this 'examination'. I rarely go out of the house and if I do I am accompanied at all times by my long suffering partner. If I do go out I cannot stay out in public for very long before I have a severe panic attack.
I have steeled myself for a visit to my GP to ask for their help with this process, and to ask for a letter detailing my condition. I am unbelievably stressed over this as being found 'fit for work' I feel sure would trigger a major relapse for me and I might not recover again.
I am going to follow the guide as closely as I can with help from my partner. I wanted to know if anyone has explored the possibility of withholding consent to be 'examined' by an ATOS employee that is not qualified to assess someone with a mental illness? I saw a Youtube video of someone who had covertly recorded their encounter with ATOS and the repeated attempts of the ATOS person to get them to consent, which, following a lengthy question and answer process, they refused to do on the grounds that the 'examiner' was not qualified to assess them.
I am already paranoid beyond reason. If I have no faith in the 'examiner' I will not be able to speak to them, never mind engage in any for of dialogue concerning what is wrong with me. The stress of having to attend might be enough to bring on another nervous breakdown.
All of this comes on top of already feeling hunted and unworthy following the government's despicable propaganda war against people like me. Any advice you could give will be greatly appreciated. Thank you
Last edit: 10 years 7 months ago by Gordon.

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10 years 7 months ago #110568 by Gordon
Replied by Gordon on topic Migrating from Income Support to ESA
Howie666

There are several problems with what you are suggesting.

The law, as opposed to procedure, only requires the ATOS assessor to have been certified as successfully completing the DWP approved training, so whilst procedure should result in your seeing someone with "official" mental health training, you cannot insist on it happening. Unfortunately, the remedies to this are only available after the assessment has been done.

Secondly, refusing to be assessed will count against the two "strikes" that you have to attend an assessment, failure to attend or participate for a second time and you risk your claim being closed.

Things you can do about this.

Having said you have no right to be examined by an appropriately trained assessor, does not stop you asking for one to be made available, so it is well worth including this on your ESA50.

You can have someone with you during the assessment, so your partner can attend and if you are unable to answer the questions due to your conditions, they can help you.

Speak to your GP about their supporting you in a request for a home assessment, whilst this remains at the discretion of ATOS, a letter from your GP may persuade them to grant this, home assessments are carried out by a doctor, so you may get a better qualified assessor.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
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10 years 7 months ago #110570 by slugsta
Replied by slugsta on topic Migrating from Income Support to ESA
To add to Gordon's excellent advice, don't forget that it is possible to be awarded ESA without a face2face assessment. Your best chance of achieving this is to fill in the forms fully, using our guides, and to send in as much supporting evidence as possible.

Nothing on this board constitutes legal advice - always consult a professional about specific problems
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10 years 7 months ago - 10 years 7 months ago #110892 by Howie666
Replied by Howie666 on topic Migrating from Income Support to ESA
An update. I have been to see my GP. I asked her for a letter concerning my condition as I was worried that I don't have enough 'evidence' to accompany my ESA50 form. My GP told me that she feels a letter at the form stage was useless and unnecessary, and that she would write one if/when I am obliged to appeal, at which point she felt it would be effective.
She did, however, issue me with a sick (or is that 'fit'?) note for two months. I have never had a sick note before.
Should I send the sick note in with my ESA50 form? My GP seemed to think the sick note would halt the assessment process and help me by reducing my stress, albeit for a short period. Is this actually the case? (The halting the process, not the reduction in stress!)
She is also referring me for CBT and has said I need to come to terms with the knowledge that my condition may well be with me for life. It's been a stressful time recently.
Thank you for your help and advice.
Dale
Last edit: 10 years 7 months ago by Gordon.

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10 years 7 months ago #110895 by Gordon
Replied by Gordon on topic Migrating from Income Support to ESA

Howie666 wrote: An update. I have been to see my GP. I asked her for a letter concerning my condition as I was worried that I don't have enough 'evidence' to accompany my ESA50 form. My GP told me that she feels a letter at the form stage was useless and unnecessary, and that she would write one if/when I am obliged to appeal, at which point she felt it would be effective.
She did, however, issue me with a sick (or is that 'fit'?) note for two months. I have never had a sick note before.
Should I send the sick note in with my ESA50 form? My GP seemed to think the sick note would halt the assessment process and help me by reducing my stress, albeit for a short period. Is this actually the case? (The halting the process, not the reduction in stress!)
She is also referring me for CBT and has said I need to come to terms with the knowledge that my condition may well be with me for life. It's been a stressful time recently.
Thank you for your help and advice.
Dale


I do not agree with your GP's view, but at least they are offering to help should it be required, which many are not :(

As you are being transferred from Income Support to ESA you do not need to provide a Fit Note and your doing so is very unlikely to have any effect on the process, however, you could attach it to your ESA50 as evidence, do not forget to keep a copy of it and everything else you send.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
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10 years 6 months ago - 10 years 6 months ago #111212 by Howie666
Replied by Howie666 on topic Migrating from Income Support to ESA
I have another question if I may. I am struggling with the form they have sent me and I have recently become aware of an online version I may be able to type in (if I'm on a good day). I would like to ask if there is any difference between the perception of a handwritten form as opposed to a typed one (in terms of capability etc.)?
My handwriting varies between legible and illegible depending on my stress levels and condition day to day. On a bad day I cannot write at all. In fact I can't really do anything.
I have now been referred to a Consultant Psychiatrist with my local Mental Health Team, I am currently waiting for an appointment.
Thank you for your assistance.
Last edit: 10 years 6 months ago by Gordon.

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